Legal Question in Landlord & Tenant Law in Georgia

Stopping Eviction / Options if You Can't

We are having to ''rent'' for the 1st time in over 10 yrs. It's Nov. 3rd and we currently don't have our rent and the people we are renting from stated in the beginning that if they didn't have the rent in their hands before the 10th, then on the 10th they will go to the court house and file a ''writ''. This lease is like signing over my next unborn child, as we want to get out of it but they want a 60 day notice plus 1 month rent and we are NOT in the house, plus we foreit our security deposit. So see, we are scared, not so much for us but for our children. What happens if I can pay the rent say on the 11th or the 14th? Do we still get evicted? Will they sue and garnish us for the remaing funds? Can this information show up on our credit reports? Please inform me as what is going to happen (1) when they file the writ (2) if we could pay the money after that (3) if we can't pay the money and (4) what should we do to protect ourselves as much as possible? Thank you in advance for your time and legal advice.


Asked on 11/03/03, 1:37 pm

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Stopping Eviction / Options if You Can't

Yes, they can file for dispossession based on the lease terms. If they do you will not only have to pay the rent plus some additional fees. If you pay the rent on the 11th they likely wouldn't accept it, they would need to get that amount plus the legal costs. Since a lease is a legally binding contract, any money owed might be garnished from your wages after a judgement is rendered. The money owed will be any rent due plus any damages recoverable under the lease. To protect yourselves you should pay the rent per the terms of the lease you signed. That's just the way it is. Yes, it could possibly show up on your credit reports. Most landlords will not allow you to break or alter the terms of the lease since this might place them in a legally awkward position if they seek to enforce the lease later.

Read more
Answered on 11/04/03, 2:12 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Georgia